Previous Article Next Article CAC’s mediation role is called into questionOn 13 Jun 2000 in Personnel Today Comments are closed. Employers and legal experts questioned this week whether the mediating body that will resolve union recognition disputes can do its job properly.The claims came after it emerged that firms fighting recognition rights with unions will be told by members of the Central Arbitration Committee not to tell them everything, as it may have to use that information against them later.The revelation questions the ability of the CAC to play any meaningful role in helping employers and unions reach an amicable agreement on recognition – one of its main duties.The problem is caused by the CAC’s conflicting role as both mediator and judge. Its first duty is to act as go-between, listening to each side’s position and trying to broker an agreement. It will consider which employees should make up the bargaining unit and how the process should work when a union makes a claim for recognition.But if an agreement cannot be reached it will act as judge and impose a decision. Anything it has learnt in the mediation process will influence its decision.Raymond Jeffers, head of employment law at Linklaters said the CAC’s role as mediator will be compromised as employers will not be able to speak freely.Sir Michael Burton, chairman of the CAC admitted that it will have to advise employers not to tell it certain things. “We will have to say there are certain facts that we won’t be able to put out of our minds,” he told Personnel Today. “We may say to someone ‘don’t tell us that, keep it for Acas or for yourselves’.”Michael Gooddie, HR director at GNER and an expert in industrial relations, said the success of mediation depends on honesty and openness. “Everything has to be brought out into the open. What is not brought out will potentially wreck the process downstream,” he said. www.cac.gov.uk Related posts:No related photos.
Comments are closed. Related posts:No related photos. Private sector employers taking on public sector staff as a result oftendering will have to match their previous terms and conditions, includingpensions, according to a new code of practice. The code, due out imminently, also aims to quell union complaints about atwo-tier workforce by ensuring employees recruited by the private sector areoffered “broadly comparable terms and conditions” to thosetransferring from the local authority says???. It is expected to form part of the conditions of all local authoritycontracts as well as transfers following retendering and will apply theprinciples set out in the Cabinet Office Statement of Practice on StaffTransfers in the Public Sector. This states staff should transfer under theprotection of the TUPE regulations. Private sector employers must make pension provision that is actuariallycertified as being “broadly comparable” with the public servicescheme and allow staff to transfer their accrued service credits. New recruits must be offered employment on “fair and reasonable”terms and conditions which are, overall, broadly comparable to those of thetransferred employees, and must include an offer of “reasonable”pension arrangements. “In many ways the code is what many organisations with good personnelpractices have already been following,” said Mary Mallett, deputyvice-president of Socpo. But John McMullen, head of employment at Pinsent Curtis Biddle, said thecode would significantly reduce employers’ ability to negotiate flexibleagreements on staff transfers. Previous Article Next Article Private sector must match public transferors’ terms and conditionsOn 1 Oct 2002 in Personnel Today